What Is Considered Aggravated Assault Under New York State Law?

Under New York State law, there are three crimes that are labelled as forms of Aggravated Assault. First, there is Aggravated Vehicular Assault (Penal Law 120.04-A) which is charged when it is alleged that a person engaged in reckless driving, committed the crime of Vehicular Assault in the Second Degree, and one of the following:

1. Drove with a 0.18 percent blood alcohol content;
2. Drove with a suspended or revoked license;
3. Has been convicted of a DWI within the past 10 years;
4. Caused serious physical injury to more than one person;
5. Had been convicted of Vehicular Manslaughter; or,
6. Had a child 15 years old or younger in the car as a passenger and caused serious physical injury to that child.

Second, there is Aggravated Assault Upon a Police Officer or a Peace Officer (Penal Law 120.11) which is charged when it is alleged that someone intended to cause serious physical injury to a person who they knew or reasonably should have known was a police officer or a peace officer engaged in the course of performing their official duties.

Finally, there is Aggravated Assault Upon a Person Less than 11 Years Old (Penal Law 120.12) which is charged when it is alleged that a person committed a misdemeanor assault upon a person less than 11 years old and had been previously convicted of such a crime on a person less than 11 years old within the preceding 10 years.

Is Aggravated Assault in New York State a Misdemeanor or a Felony Charge?

All three forms of Aggravated Assault are felony charges.

If A Weapon Is Alleged To Be Involved In An Assault, Does That Constitute A Felony Charge?

If a weapon is alleged to be involved in an assault, it will be a felony charge. If a person is accused of causing an injury with a deadly weapon or a dangerous instrument, that will be charged with Assault in the Second Degree (Penal Law 120.05-2), which is a Class D violent felony. If a person is accused of causing a serious physical injury with a deadly weapon or a dangerous instrument will be charged with Assault in the First Degree (Penal Law 120.10-1), which is a Class B violent felony.

What Are The Penalties For Felony Or Aggravated Assault Under New York State Law?

For an Assault in the Second Degree, the maximum penalty is 7 years in prison. For someone who is not a predicate felon, the minimum sentence is 2 years. For someone with a predicate felony, the minimum sentence is 4 years. For someone with a violent predicate felony, the minimum sentence is 5 years. For Assault in the First Degree, the maximum penalty is 25 years in prison. For someone who is not a predicate felon, the minimum sentence is 5 years. For someone with a predicate felony, the minimum sentence is 8 years, while for someone with a violent predicate felony the minimum sentence is 10 years.

What Are Some Possible Defenses To Felony Or Aggravated Assault Charges In New York State?

As for any criminal charge, assault charges can be defended by demonstrating that the prosecution cannot prove guilt beyond a reasonable doubt. This can be accomplished by showing that any witnesses who identify the defendant as the perpetrator are either lying or mistaken. An assault can be defended by showing that there was insufficient physical injury to make out the charge. Another way to defend the case is to show that the defendant acted in self-defense or in defense of another.

For more information on Assault Charges In New York, a free confidential consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 259-6060 today.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/what-is-considered-aggravated-assault-under-new-york-state-law/ What Is Considered Aggravated Assault Under New York State Law?

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What Is “Mandatory Arrest” for Domestic Violence in Suffolk County?

Today in New York State, when the police are sent to a domestic violence situation, a “mandatory arrest” will be made. If the accuser has pointed at you as the perpetrator, you will be arrested. Period. Even if the accuser changes their mind about pressing criminal charges.  If you are facing a possible mandatory arrest, please contact Suffolk County domestic violence lawyer Jason Bassett for a free consultation.

Why Was This Law Put into Place?

Domestic violence can be emotionally and physically volatile and dangerous, with the implications for great harm well understood.

We all understand the immense societal cost of domestic violence today. In fact, according to the New York City Domestic Violence Fatality Review Committee’s 2019 Annual Report, domestic violence homicides accounted for 17.6 percent of all homicides that occurred in New York City from 2010 through 2018. That is a huge figure.

Unfortunately, over the years it also became apparent that victim accounts could not always be relied upon, with many victims retracting their accusations at the end. They did this for various reasons, often unknown, whether they felt some sense of obligation to the perpetrator, or felt trapped by the circumstances, or even by a sense of love. In many cases, however, the call was a false accusation.

In the case of false accusations, mandatory arrests create a whole spectrum of problems for the alleged perpetrator who now faces criminal domestic violence charges, even if the accuser wants to retract the charges. In most cases, an accuser doesn’t understand the very real consequences of charging someone with domestic violence until it is too late.

In addition to the arrest and criminal charges, New York State criminal courts may also issue an order of protection against the accused to keep that person physically away from the accuser. In the case where the couple may share a household, the accused party must now stay away to abide by the order or risk even more criminal charges, having to vacate his or her own home and not having contact with the accuser until the charges have been legally resolved.

Exceptions to Mandatory Arrest

There are exceptions to mandatory arrests for domestic violence cases in New York State. In most cases, the police must establish a primary aggressor. If both parties have a history of misdemeanor arrests, the police will want more evidence that a violent act has occurred. They will want an indication that one party:

• Has caused injuries to the other party and how serious the injuries are
• Has threatened future harm to the other or another family member
• Has a history of prior domestic abuse
• Acted in a way to defend himself or herself

What Happens After a Domestic Violence Arrest Is Made?

Once an arrest has been made, the accused will be booked and arraigned before a criminal court. At that time, a judge will review the information and make a determination based on any previous criminal history. At this time, the judge can release the accused on their own recognizance, set bail, or decide to allow the accused to stay in jail without the option of bail to await a hearing. If the defendant has been released, he or she will be given a date to return to court where they will appear before the district attorney.

The unfortunate part of criminal domestic violence cases is the potential impact that they can have on an accused party’s future, particularly when a charge is false. If you have found yourself in this situation, it is critical to get the legal guidance of a skilled New York City criminal defense attorney. If you have been charged with domestic violence, contact the law firm of Jason Bassett Criminal Attorney for a free consultation to understand your legal rights.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/what-is-mandatory-arrest-for-domestic-violence-suffolk-county/ What Is “Mandatory Arrest” for Domestic Violence in Suffolk County?

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What Happens To My License After A DWI On Long Island?

The State of New York takes alcohol and drug-impaired driving seriously, so it’s important to understand the consequences after you’ve been charged with a DWI on Long Island.

Here in New York, driving while intoxicated is a crime. But there are varying degrees of alcohol and drug-related charges, all with different charging criteria and penalties. What you are charged and convicted of will determine what your penalties are and what ultimately happens to your license.  If you are facing a drunk driving charge, call for a free consultation with a top-rated Long Island DWI lawyer Jason Bassett today.

What Defines a DWI?

In New York State, being charged with a DWI means that you have been charged with operating a passenger vehicle with a blood-alcohol level of .08 or higher or exhibited other evidence that you were intoxicated. If you were driving a commercial vehicle, that drops to .04 blood alcohol level.

Other variations of DWI charges are:

● Aggravated DWI — driving with a blood-alcohol level of .18 or higher
● DWAI/Alcohol/Driving While Ability Impaired by Alcohol — driving with a blood-alcohol level of more than .05 but less than .07
● DWAI/Drug — impairment by a single drug other than alcohol
● DWAI/Combination — impairment by a combination of drugs or alcohol

Penalties for any drug or alcohol-related conviction include some loss of your driving privileges. You can be facing either a suspension of your driver’s license (your driving privileges are temporarily taken away for a period of time at the end of which you can get them back by paying a suspension termination fee) or a revocation of your driver’s license (your driving are completely taken away for a period of time after which you have to re-apply for a driver’s license, which includes re-taking the written and driving tests). For a DWI first offense, you face a revocation lasting 6 months. For any subsequent DWI within 10 years, the revocation lasts at least 18 months. Aggravated DWI carries a license revocation of 1 year with revocations of at least 18 months for a 2nd or 3rd Aggravated DWI within 10 years. For a first-time DWAI (Alcohol), there is a suspension for 90 days but for another DWAI within 10 years your driver’s license is revoked for at least 6 months.

Other penalties for driving under the influence of alcohol or drugs can include fines, probation, and even jail time. Fines can run from a couple of hundred dollars to $10,000 depending on the charges. Those who have had several previous convictions can face up to 7 years in jail. Your charges and penalties will also depend on other variables such as your age and whether you cooperated with a breathalyzer or other chemical test.

The Other Long-Term Consequences of a DWI

DWI charges can follow you for a very long time. These charges not only affect you legally and affect your driving privileges, but DWI convictions can also present problems in your future employment searches or even in finding housing. Whenever someone does a background searches, criminal convictions such as a DWI will surface and may affect how potential employers or landlords see you.

Because DWI cases can be very complicated, you want the guidance of an experienced DWI lawyer with you from the very beginning. A good attorney will know the laws as they relate to a DWI stop, the rules surrounding a proper arrest, how to challenge the evidence and the strategies required for a good defense.

Why You Need a Good Legal Defense for DWI Charges

There are many legal defenses available to a driver who has been charged with DWI in New York. A good lawyer will know which ones apply to your case, understand critical timelines, and how best to represent you given your charges.

Even if an acquittal is unlikely, he or she may be able to have charges reduced, argue for the minimum possible penalties, and help you apply for hardship driving privileges so you are able to get to and from work or school even if you are convicted.

If you have been charged with a DWI on Long Island, get the advice of a local criminal defense attorney to understand your rights. Jason Bassett, Esq. has over 20 years of experience representing individuals who have been charged with a DWI on Long Island. Contact him to discuss your legal options and rights.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/what-happens-to-my-license-after-a-dwi-on-long-island/ What Happens To My License After A DWI On Long Island?

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